Can I sue 99c store for having cashier hitting me?

San Francisco, CA | March 8, 2013 5:56am

When I was unloading items from my shopping cart cashier was throwing floor mat in my cart and hit me in my eye. I felt down and I was bleeding he was nice to ask if I am ok, and I ask for ice he said they don't have it my mom gave me ice-cream from freezer. When I was about to pay cashier asked for ice-cream to scan so I can pay for it.Here I am bleeding in pain that was cause by 99 c cashier and he is asking me to pay for ice-cream that I was using as healer. I fill out report went to ER. Got bill for $4000 and 99 c store won't cover it. What can I do?

Consult a personal injury attorney to evaluate your claim. Generally, an employer can be held liable for the negligent acts of his employee when the employee was in the course and scope of their employment.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

From your description of the accident it the store is liable for the negligence of their employee. You need to contact a California personal injury attorney immediately. I don't know when you accident happened so act quickly. Your medical bills are substantia. I don't know if your injuries caused any permanent damage. You should not have to pay for their negligence. I am sure numerous attorneys on Avvo, including myself, will be happy to discuss your accident without charging a consultation fee. Hope your injuries are not too severe. Best wishes

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

You may have a case if the employees constitute negligence as opposed to intentional acts. You should seek a consult with a personal injury attorney.

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191.
I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

you can consult a lawyer and hire them to assist you in pursuing a personal injury action. Do you have any permanent damage or any further medical treatment that will need to be done? Do you have any lost wages?